Thursday, February 24, 2011

Top 10 School Law Mistakes for Special Education Students

 Presented to me from my school law class.  Fascinating information!

To the list!
10.  Failure to consult outside persons when necessary expertise is not available within the district.

9. Districts place children based on administrator and teacher convenience rather than the child's individualized needs.

8. COST! Can't be a factor.

7. District fails to address behavioral concerns for children who are diagnosed

6. Philosophical disagreement with legal requirements relating to discipline, school administrators impost the discipline they believe is appropriate rather than what is legally permissible and/or fail to consult with speciale education staff of impending discipline.

5. Failure to follow IDEA’s procedural requirements, including providing written notice each time the district proposes or refuses an action.

4. Failure to consult legal counsel when a problematic situation arises to determine if the district’s position is district's legally defensible or if an appropriate compromise exists.

3. Failure to provide training to all necessary staff with respect to the legal requirements and procedures of the IDEA and Section 504.

2. Special education personnel over-identify students with discipline and/or academic problems who do not meet criteria to be diagnosed as educationally disabled due to pressure from regular education staff and/or parents.

1. Staff surrenders to and/or acquiesces in parental demands simply to avoid disagreement, confrontation or litigation.

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